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The employer shall settle the wages when the labor contract is dissolved or terminated in accordance with the law, and if the salary is paid by bank card, it can be paid on the next payday.
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If the employer refuses to pay the employee's wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
If the employer does not pay the wages in a timely manner, there are two ways to request the payment of wages:
1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
Legal basis: Provincial wage payment regulations. For example:
Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.
Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.
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The law stipulates that it is filed one month in advance. To go through the handover procedures, you can not go to work, depending on the regulations of the unit, there is no salary if you don't go to work.
Labor Contract Law.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Whether you walk on your body or not, everyone is equal in the law.
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Hello, if you are a young person with ideals and ambitions, you can consider coming to me, I do insurance and finance.
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What is the date you wrote about your departure, if it is July 1, then you don't have to go to work.
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It's okay, depending on the date of resignation, if the date of resignation is written on July 1, you have to go to work, but you can also ask for leave or take time off, and you don't want to wait a month to write the first few days.
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Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.
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This money is really hard to get, since there is that rule, if it were me, I would wait until a month before leaving.
Besides, half a month's salary can't be tossed to the labor bureau anywhere, and it hurts the mind and takes time.
Then look for a job and negotiate the probationary period, salary and other conditions, and talk about the ugly words first, most bosses are negligible business losses, and workers' wages can be calculated carefully.
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It seems that there is a rule that says that you must work for a month.
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Go directly to the door and ask for money, find a few more people.
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If it is a month of sick leave, the company may pay wages at its discretion, and if it is personal leave, it depends on the company's rules and regulations and human nature.
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Analyze it according to your reason for taking leave.
If you take annual leave, marriage, childbirth, etc., and get the approval of the company, you will be paid the normal salary; If you take sick leave and have a sick leave certificate from a regular hospital & are approved by the company, you will pay the discounted salary (refer to your employer's work manual for details); If you take personal leave and the company approves it, you should not be paid.
However, in principle, it is generally difficult for the company to approve a one-month leave estimate, and if it is not approved, it may be treated as unexcused absenteeism, in which case, there will definitely be no pay.
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First of all, if you leave your job on June 1st, the company should settle your salary on June 1st instead of June 10th. If the company withholds wages or does not pay wages, it can file a lawsuit with the labour inspection department or the courts.
The company can deduct all social insurance contributions that should be borne by you.
Reason: Interim Provisions on Payment of Wages
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;
3) Child support or alimony required to be withheld in court judgments or rulings;
4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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In this case, then only wages other than labor insurance can be paid.
It's true, mine has already been received.
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